Tag Archives: Employment contract

Littler global leadership – Canada – Q2 2020 – syndrome (COVID-19) | Instant News

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The Ontario court of appeal: decision on the assessment of deliverability
provisions about termination

Landmark decisions of judicial or regulatory bodies

Authors: Rhonda B. levy, a lawyer with knowledge management and Monty
Verlint, Partner – Less Canada

On 17 June 2020, the Ontario court of Appeal ruled
the decision regarding the enforcement of termination
in employment contracts, provided that the correct method
determining whether the point of termination in the employment contract
executable is the analysis of the contract as a whole and not
on a gradual basis. If the termination of the provision in the contract
contrary to the requirements of the employment standards act
2000, all notice periods will be considered
invalid, regardless of the existence of separateness
p., which can not be used to sever the offending part
the termination provisions.

The province announce plans to gradually ease COVID-19
Limitations and opening

New rules or the official guide

Authors: Rhonda B. levy, a lawyer with knowledge management and Monty
Verlint, Partner – Less Canada

In Canada, the easing of restrictions in connection with COVID-19
pandemic is determined by each individual province or territory. In
April and may 2020, a number of provincial governments (UK
Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec,
Newfoundland and Labrador, new Brunswick, Prince Edward Island)
announced that they plan to gradually ease restrictions with the aim
in the end, completely renewing their provinces.

New jobs harassment and abuse prevention mode
Is Governed By Federal Law Employers

New rules or the official guide

Authors: Rhonda B. levy, a lawyer with knowledge management and Monty
Verlint, Partner – Less Canada

On 24 June 2020, the Federal government published the workplace
Harassment and violence provisions (regulations), which set out
requirements that Federal regulated employers are
need to meet in order to satisfy its obligations under
Canada Labour code (CLC) for the investigation, recording, reporting, prevention
and provide training on work place harassment and
violence, including sexual harassment and sexual violence. In
Laws support bill C-65, an act to amend the Canada labour
Code (harassment and violence), the parliamentary employment and
The relations act, personnel and Law on the execution of the budget, 2017 No. 1
(Proposition 65), which received Royal assent on October 25, 2018. In June
22, by 2020, the Federal government announced that both bill C-65 and
the decree will enter into force on 1 January 2021.

Ontario: new rules in accordance with the law labor standards
Favorable for employers

New rules or the official guide

Authors: Rhonda B. levy, a lawyer with knowledge management and Monty
Verlint, Partner – Less Canada

29 may 2020, the government of Ontario filed Ontario
228/20 regulation (regulation) in accordance with the labor standards law,
2000 (ESA). The resolution amends the dismissal and constructive dismissal
rules, in accordance with the ESA, and in most cases, eliminates temporary
layoffs and the risk of constructive dismissal
the Statute defined “COVID-19 period”, during which
many employers in Ontario have been forced to close or reduce operations.
These Rules do not apply to workers in Union jobs
who will continue to be subject to the layoff in ESA
rules. A number of canadian jurisdictions was amended
the labor law to extend the period of temporary
layoffs in the result COVID-19 pandemic.

If approved, the proposed bill will be amended CEWS and CERB

The proposed bill or initiative

Authors: Rhonda B. levy, a lawyer with knowledge management and Monty
Verlint, Partner – Less Canada

On June 10, 2020, the Federal government passed bill C-17,
The law relating to additional COVID-19 measures for first reading.
If adopted in its current form, bill C-17, among other things,
to amend Canada ambulance subsidy wage (CEWS), 75%
program wage subsidy to encourage employers to save them
employees during COVID-19 crisis and emergency in Canada
Good answer (CERB), a taxable allowance of $ 2,000 every four
weeks to four months for the employees who lost
their income from COVID-19 crisis. Changes in CEWS would
include the extension of its validity for a further 12 weeks until August
29, 2020, the extension of the right to CEWS into several groups, and
other amendments to ensure that the CEWS continues to fulfill its
goals. Changes in CERB would include all payments,
made in two weeks step of establishing the circumstances under which
employees will not be eligible for CERB, and to subject applicants
sanctions in specific circumstances.

Originally published on Littler Mendelson, July

The content of this article is intended to give General
leadership on this issue. Specialist advice should be sought
on your specific circumstances.

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COVID-19 and its implications for privacy – Coronavirus (COVID-19) | Instant News

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The exponential spread of COVID-19 has forced the government and
employers must take decisive steps to prevent spread
virus. Among other things, the government is tracking infection rates
and compliance of their citizens with specific steps.
At the same time, employers must achieve a balance between themselves
the task of caring for and keeping their business going. BK This Briefing
stipulate certain steps taken by the Swiss government and
the entrepreneur, explains the implications of this action for the data
protection and provide guidance on how to handle flows
the situation in the appropriate way of data protection.

The actions taken by the government and entrepreneurs are due

To prevent and contain the spread of COVID-19, protect it
called “risk groups” and ensure Switzerland
maintain its capacity to manage a pandemic, the Swiss government
among others have introduced the following steps:

  • Prohibition of meeting more
    from five people in the public area.
  • The hospital has an obligation to report
    the number of patients who have COVID-19 and are currently in care

In addition, the government generally recommends that people do it
not leaving their home unless they need to visit a doctor, it is necessary
buying groceries, need to go to a pharmacy or to help others
and they only have to go to work if they work from home instead

Employers walk the fine line between their maintenance duties
one hand, and the duty of loyalty to their employees, and guard
their business runs on the other side. Certain employers have
implemented, in particular, the following steps:

  • Health examination of their employees,
    for example temperature checks.
  • Thermography installation
  • Placing assignments on employees to report
    COVID-19 infection or contact with an infected person.

Privacy Implications

Common data protection implications

All actions taken include various privacy implications
that must be considered – even during a pandemic.

To protect public health, public and private institutions
processes individual health data to identify people who are
sick, maybe sick or suspected of infecting others.
Therefore, more health data is being processed than usual and
divided by

government or other third parties. Health data considered
sensitive personal data under data protection laws, and individuals
at least have to be informed about processing at what point
data collection on their health. Approval may even be needed
certain processing activities, i.e. sharing data with
Third party.

Implications of government action

To ensure that people do not gather in groups more than
five people, Swisscom has the obligation to report certain location data
government. Given the ability of big data analytics, even
aggregated and anonymous location data can be qualified as private
data. Therefore, in certain cases, the disclosure can be disturbing
with people’s privacy if the necessary security measures are
not in place to ensure that data remains anonymous.

According to applicable data protection laws, the federal government
authorities can only process personal data if they have laws
duty or right to do it. In the current situation, the government as
as well as private people (such as Swisscom or employers) rely on
concerning the Federal Law on Protection against Communicable Diseases
(“Epidemic Act”), protection of public health and
state of emergency (“Polizeiliche Generalklausel”) for
justify the actions they take.

Implications for employee personal data

In a work relationship, certain steps are possible
justified in obeying employer care duties.
Employees must adhere to certain standards because of their duties
loyalty and the right of employers to direct and teach.
However, employers can only process employee personal data
as far as the data is needed for performance
employment contract. In this context, general data
protection rules apply.

  • Because the duties of entrepreneurs
    care of their employees, employers can wear medical checks
    on employees, such as taking temperature or
    installation of thermographic cameras. Such actions must always be
    executed as carefully and proportionately as possible and it must be
    it is ensured that only the least invasive action leads to
    the required results are applied, e.g. choose a temperature check
    more than installing a thermographic camera, taking the temperature in
    protected areas or by allowing employees to measure their temperature
    alone etc. However, this must be assessed in a case-bycase case
  • Employees’ duties to disclose a
    COVID-19 infection or contact with an infected person
    employers can be in line with labor law, because
    the duty of employing care, namely the duty to protect health
    employees who may have been in contact with that person or who
    belongs to what are called “risk groups”.


Even during a pandemic, privacy laws apply and personal data
must be processed in accordance with applicable data protection
law. This means the following guidelines must be followed when
take and carry out the actions mentioned above:

  • Only personal data required
    containing and preventing the spread of COVID-19 can be processed, and
    processing must always be kept to a minimum
    meet the specified goals. Therefore, only health data are related
    viruses can be processed when testing people, e.g. temperature
    can be taken but not a complete medical examination, and must be done
    processed if deemed necessary to protect the health of others.
    In the context of employment relations, it is recommended for that
    if possible, appropriate data about flu symptoms such as fever
    must be collected and forwarded by affected employees
  • As far as possible, information
    collected must be shared in the aggregate and anonymous form.
    For example, Swisscom generally only shares aggregates and
    anonymous data with the government, and employers must record
    and save health data such as employee temperature at a
    basic pass or fail and, if possible, save that data
  • Health data is considered sensitive
    personal data. Entrepreneurs cannot process their health data
    employees are against their will as is, in general, not strict
    necessary for the implementation of their contract, except
    the employer has a primary interest or obligation to protect others
    the employees.
  • Health data can only be shared with
    third party if the person has agreed to share or if a
    setting aside personal or public interests, such as public health,
    security, or legal obligations require sharing
  • If someone’s personal data
    will be shared with third parties, they must be transparent
    informed about this. As an example:
    • It is recommended that the hospital or
      Telecommunications providers tell individuals about their duties to
      anonymous COVID-19 test results or location data with
    • Employers must tell their employees
      that if an employee chooses to be tested for COVID-19, the employer
      can share the results, if possible, anonymously or
      subject to the agreement of the infected employee, with another person
      for their safety.
  • Personal data can only be accessed
    or shared based on needs that need to be known strictly. Therefore, if someone
    has been tested for COVID-19 and the person reports this to or
    employers, employers may not share this information
    throughout the company. Employers must ensure that
    data is only shared with people who might be truly affected
    by viruses or by those who oversee the internal processes
    company, e.g. Human Resources. Government authorities may only
    sharing personal data based on the legal right or obligation to do so,
    for example the Epidemic Law.
  • Personal data may only be stored
    as long as it is needed to fulfill that purpose it is collected
    for. Personal data on people who have or have COVID-19 should
    immediately deleted, especially by employers, after this pandemic occurred
    terminates, except mandatory retention duties.


In conclusion, the data protection law also applies as long as a
pandemic. Reasons for certain justifications can be raised like
emergencies and public health protection, for processing
personal data. However, this is not recommended because it can cause
to trust the government or the employer.

However, data protection and employment law do not prohibit
actions taken by governments or employers to prevent and
containing the spread of COVID-19 as long as they comply
general data protection principles and guidelines provided

The content of this article is intended to provide general information
guide to this problem. Specialist advice should be sought
about your specific situation.

POPULAR ON ARTICLES: Coronavirus (COVID-19) from Switzerland


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